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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Queensland Competition
Authority Amendment Bill
2005
Queensland
Queensland Competition Authority
Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 10 (Authority's functions). . . . . . . . . . . . . . . . . . 4
5 Amendment of s 75 (Application of Act to authority for
purposes of giving notices). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
75A Application of Act to authority for purposes of giving
notices to operator . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 79 (Making recommendation) . . . . . . . . . . . . . . 6
8 Amendment of s 85 (Notice of decision) . . . . . . . . . . . . . . . . . . . 6
9 Amendment of s 93 (Notice of decision) . . . . . . . . . . . . . . . . . . . 6
10 Amendment of s 119 (Restrictions affecting making of access
determination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 130 (Purpose and contents of codes) . . . . . . . . 7
12 Amendment of s 133 (Requirement of owner to give draft
access undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Insertion of new ss 133A and 133B . . . . . . . . . . . . . . . . . . . . . . . 7
133A Criteria for choosing entity to give draft access
undertaking ........................ 8
133B Requirement to give information or document . . . . . . 8
14 Amendment of s 134 (Consideration and approval of draft
access undertaking by authority) . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Amendment of s 135 (Preparation and approval of draft access
undertaking by authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 136 (Submission and approval of voluntary
draft access undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Amendment of s 137 (Contents of access undertakings) . . . . . . 9
2
Queensland Competition Authority Amendment Bill
2005
18 Amendment of s 138 (Factors affecting approval of draft access
undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19 Amendment of s 139 (Requirement of owner to give draft
amending access undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20 Amendment of s 142 (Submission and approval of voluntary
draft amending access undertaking) . . . . . . . . . . . . . . . . . . . . . . 10
21 Amendment of s 143 (Factors affecting approval of draft
amending access undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22 Amendment of s 144 (Application of subdivision) . . . . . . . . . . . . 11
23 Amendment of s 146 (Notice of investigation) . . . . . . . . . . . . . . . 11
24 Amendment of s 158A (Orders to enforce approved access
undertaking) ................................. 11
25 Amendment of ss 159161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
26 Amendment of s 162 (Responsible operator must keep books
and records under manual) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27 Amendment of s 163 (Responsible operator to keep separate
accounting records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
28 Amendment of s 176 (Notice of hearings) . . . . . . . . . . . . . . . . . . 12
29 Amendment of s 187 (Confidential information) . . . . . . . . . . . . . . 12
30 Amendment of s 188A (Consolidation of arbitration of access
and water supply disputes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
31 Amendment of s 239 (Confidential information) . . . . . . . . . . . . . . 13
32 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 14
2005
A Bill
for
An Act to amend the Queensland Competition Authority Act
1997
s1 4 s5
Queensland Competition Authority Amendment Bill
2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Queensland Competition 3
Authority Amendment Act 2005. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Queensland Competition Authority Act 8
1997. 9
Clause 4 Amendment of s 10 (Authority's functions) 10
Section 10-- 11
insert-- 12
`(la) if directed by the Ministers--to monitor compliance by 13
a government agency, or conduct arbitration hearings for 14
resolving disputes about a government agency's 15
compliance, with a code of conduct the agency has 16
agreed to abide by; and'. 17
Amendment of s 75 (Application of Act to authority for
Clause 5 18
purposes of giving notices) 19
(1) Section 75, heading, after `notices'-- 20
insert-- 21
`to owner'. 22
(2) Section 75(1) and (2)(b), `part'-- 23
omit, insert-- 24
`Act'. 25
s6 5 s6
Queensland Competition Authority Amendment Bill
2005
Clause 6 Insertion of new s 75A 1
Before part 5, division 2-- 2
insert-- 3
`75A Application of Act to authority for purposes of giving 4
notices to operator 5
`(1) If this Act requires or permits a notice to be given to the 6
operator of a facility or service by the authority and there is 7
more than 1 operator of the facility or service, the notice may 8
be given to-- 9
(a) if there is a nominated operator for the facility or 10
service--the nominated operator; or 11
(b) if the authority has requested notification of a nominated 12
operator for the facility or service but there is no 13
nominated operator--any one of the operators. 14
`(2) An operator is the nominated operator, for a facility or service 15
for which there is more than 1 operator, only if a written 16
notice has been given to the authority in relation to the 17
operator (the nominee) and the notice contains-- 18
(a) the nominee's name and address for receiving notices; 19
and 20
(b) a signed statement by the other operators that the 21
nominee is authorised by them to receive notices under 22
this Act for all the operators; and 23
(c) a signed statement by the nominee agreeing to be the 24
operator authorised to receive notices under this Act for 25
all the operators. 26
`(3) For subsection (1)(b), the authority may request notification 27
of a nominated operator, for a facility or service for which 28
there is more than 1 operator, by giving a notice to each 29
operator whose name and address is known to the authority 30
asking that a written notice be given to the authority 31
containing-- 32
(a) the name, and address for receiving notices, of 1 33
operator (also the nominee); and 34
s7 6 s9
Queensland Competition Authority Amendment Bill
2005
(b) a signed statement by the other operators that the 1
nominee is authorised by them to receive notices under 2
this Act for all the operators; and 3
(c) a signed statement by the nominee agreeing to be the 4
operator authorised to receive notices under this Act for 5
all the operators.'. 6
Clause 7 Amendment of s 79 (Making recommendation) 7
Section 79(6)-- 8
omit. 9
Clause 8 Amendment of s 85 (Notice of decision) 10
(1) Section 85(2)(c)-- 11
renumber as section 85(2)(d). 12
(2) Section 85(2)-- 13
insert-- 14
`(c) if the owner and operator of the service are different 15
entities, and the applicant for the request about the 16
declaration of the service is not the operator of the 17
service--give the designated material for the decision to 18
the operator of the service; and'. 19
Amendment of s 93 (Notice of decision)
Clause 9 20
(1) Section 93(2)(b)-- 21
renumber as section 93(2)(c). 22
(2) Section 93(2)-- 23
insert-- 24
`(b) if the owner and operator of the service are different 25
entities--the operator of the service; and'. 26
s 10 7 s 13
Queensland Competition Authority Amendment Bill
2005
Clause 10 Amendment of s 119 (Restrictions affecting making of 1
access determination) 2
(1) Section 119(5)(a), after `owner'-- 3
insert-- 4
`or operator'. 5
(2) Section 119(5)(b)-- 6
insert-- 7
`(iii) if the owner and operator of the facility are 8
different entities--the legitimate business interests 9
of the operator of the facility are also protected; 10
and'. 11
Clause 11 Amendment of s 130 (Purpose and contents of codes) 12
Section 130(3)(c)-- 13
omit, insert-- 14
`(c) arrangements to be made by the owner or operator of a 15
declared service to separate the owner's, or operator's, 16
operations relating to the service from other operations 17
of the owner or operator relating to another commercial 18
activity;'. 19
Clause 12 Amendment of s 133 (Requirement of owner to give draft 20
access undertaking) 21
Section 133, after `owner'-- 22
insert-- 23
`or operator'. 24
Clause 13 Insertion of new ss 133A and 133B 25
After section 133-- 26
insert-- 27
s 14 8 s 14
Queensland Competition Authority Amendment Bill
2005
`133A Criteria for choosing entity to give draft access 1
undertaking 2
`(1) This section applies if the owner and operator of a declared 3
service are different entities. 4
`(2) In deciding which of the entities to give an initial undertaking 5
notice to, the authority may have regard to the following-- 6
(a) the terms of any contract about the service to which the 7
entities are parties; 8
(b) the extent to which each entity is able to provide access 9
to the service; 10
(c) the extent to which each entity is able to give effect to an 11
access undertaking for the service; 12
(d) any written representations made to it by the entities. 13
`133B Requirement to give information or document 14
`(1) The authority may by written notice given to an entity 15
mentioned in section 133A(1) require the entity to give the 16
authority, within a reasonable time of at least 14 days stated in 17
the notice, information or a document the authority 18
reasonably requires to have proper regard to the criteria 19
mentioned in section 133A(2). 20
`(2) The entity must comply with the requirement within the time 21
stated in the notice, unless the entity has a reasonable excuse. 22
Maximum penalty--500 penalty units or 6 months 23
imprisonment.'. 24
Clause 14 Amendment of s 134 (Consideration and approval of 25
draft access undertaking by authority) 26
Section 134, after `owner'-- 27
insert-- 28
`or operator'. 29
s 15 9 s 18
Queensland Competition Authority Amendment Bill
2005
Amendment of s 135 (Preparation and approval of draft
Clause 15 1
access undertaking by authority) 2
Section 135, after `owner'-- 3
insert-- 4
`or operator'. 5
Amendment of s 136 (Submission and approval of
Clause 16 6
voluntary draft access undertaking) 7
Section 136, after `owner'-- 8
insert-- 9
`or operator'. 10
Clause 17 Amendment of s 137 (Contents of access undertakings) 11
(1) Section 137(2), after `owner'-- 12
insert-- 13
`or operator'. 14
(2) Section 137(2)(ea), after `owner's'-- 15
insert-- 16
`, or operator's,'. 17
Amendment of s 138 (Factors affecting approval of draft
Clause 18 18
access undertaking) 19
(1) Section 138, after `owner'-- 20
insert-- 21
`or operator'. 22
(2) Section 138(2), before `the following'-- 23
insert-- 24
`each of'. 25
(3) Section 138(2)(b) to (d)-- 26
renumber as section 138(2)(c) to (e). 27
s 19 10 s 20
Queensland Competition Authority Amendment Bill
2005
(4) Section 138(2)-- 1
insert-- 2
`(b) if the owner and operator of the service are different 3
entities--the legitimate business interests of the 4
operator of the service are protected;'. 5
Clause 19 Amendment of s 139 (Requirement of owner to give draft 6
amending access undertaking) 7
(1) Section 139, heading, `owner'-- 8
omit, insert-- 9
`responsible person'. 10
(2) Section 139(1), `for'-- 11
omit, insert-- 12
`who gave'. 13
Amendment of s 142 (Submission and approval of
Clause 20 14
voluntary draft amending access undertaking) 15
(1) Section 142(1), `for'-- 16
omit, insert-- 17
`who gave'. 18
(2) Section 142(4), definition responsible person for an approved 19
access undertaking-- 20
omit, insert-- 21
`responsible person who gave an approved access 22
undertaking includes a person who gave the access 23
undertaking because the person expects to be the owner or 24
operator of the service to which the access undertaking 25
relates.'. 26
s 21 11 s 25
Queensland Competition Authority Amendment Bill
2005
Amendment of s 143 (Factors affecting approval of draft
Clause 21 1
amending access undertaking) 2
Section 143(2), `138(2)(a) to (d)'-- 3
omit, insert-- 4
`138(2)'. 5
Amendment of s 144 (Application of subdivision)
Clause 22 6
Section 144(c), after `owner'-- 7
insert-- 8
`or operator'. 9
Clause 23 Amendment of s 146 (Notice of investigation) 10
Section 146(1)(a), `of the service'-- 11
omit, insert-- 12
`or operator of the service, or the responsible person'. 13
Clause 24 Amendment of s 158A (Orders to enforce approved 14
access undertaking) 15
Section 158A(2)(a), `the responsible'-- 16
omit, insert-- 17
`a responsible'. 18
Clause 25 Amendment of ss 159161 19
Sections 159 to 161, `responsible operator'-- 20
omit, insert-- 21
`access provider'. 22
s 26 12 s 29
Queensland Competition Authority Amendment Bill
2005
Amendment of s 162 (Responsible operator must keep
Clause 26 1
books and records under manual) 2
(1) Section 162, heading, `Responsible operator'-- 3
omit, insert-- 4
`Access provider'. 5
(2) Section 162, `responsible operator'-- 6
omit, insert-- 7
`access provider'. 8
Amendment of s 163 (Responsible operator to keep
Clause 27 9
separate accounting records) 10
(1) Section 163, heading, `Responsible operator'-- 11
omit, insert-- 12
`Access provider'. 13
(2) Section 163, `responsible operator'-- 14
omit, insert-- 15
`access provider'. 16
(3) Section 163(4)(b), `responsible operator's'-- 17
omit, insert-- 18
`access provider's'. 19
Amendment of s 176 (Notice of hearings)
Clause 28 20
Section 176(3)(c), after `owner'-- 21
insert-- 22
`or operator'. 23
Clause 29 Amendment of s 187 (Confidential information) 24
Section 187(3)-- 25
insert-- 26
s 30 13 s 31
Queensland Competition Authority Amendment Bill
2005
`(f) the regulator under the Electricity Act 1994, to facilitate 1
the performance of the regulator's function mentioned in 2
section 63(1)(e) of that Act; or 3
(g) the chief executive of the department administering the 4
Transport Infrastructure Act 1994, to facilitate the 5
exercise of that chief executive's powers mentioned in 6
chapter 7, part 3, division 41 of that Act; or 7
(h) the regulator under the Water Act 2000, to facilitate the 8
performance of the regulator's function mentioned in 9
section 515(1)(c) of that Act.'. 10
Amendment of s 188A (Consolidation of arbitration of
Clause 30 11
access and water supply disputes) 12
Section 188A(a), after `owner'-- 13
insert-- 14
`or operator'. 15
Clause 31 Amendment of s 239 (Confidential information) 16
Section 239(2)-- 17
insert-- 18
`(d) the regulator under the Electricity Act 1994, to facilitate 19
the performance of the regulator's function mentioned in 20
section 63(1)(e) of that Act; or 21
(e) the chief executive of the department administering the 22
Transport Infrastructure Act 1994, to facilitate the 23
exercise of that chief executive's powers mentioned in 24
chapter 7, part 3, division 42 of that Act; or 25
1 Transport Infrastructure Act 1994, chapter 7 (Rail transport infrastructure and other
matters), part 3 (Accreditation), division 4 (Disputes about or under agreements for
access to rail transport infrastructure that relate to rail safety)
2 Transport Infrastructure Act 1994, chapter 7 (Rail transport infrastructure and other
matters), part 3 (Accreditation), division 4 (Disputes about or under agreements for
access to rail transport infrastructure that relate to rail safety)
s 32 14 s 32
Queensland Competition Authority Amendment Bill
2005
(f) the regulator under the Water Act 2000, to facilitate the 1
performance of the regulator's function mentioned in 2
section 515(1)(c) of that Act.'. 3
Clause 32 Amendment of schedule (Dictionary) 4
(1) Schedule, definitions mediation conference and responsible 5
operator-- 6
omit. 7
(2) Schedule-- 8
insert-- 9
`mediation conference-- 10
(a) for the mediation of an access dispute for part 5, 11
division 5, subdivision 2A--see section 115A(2); or 12
(b) for the mediation of a water supply dispute for part 5A, 13
division 4, subdivision 3--see section 170ZW(2).3'. 14
(3) Schedule, definition access undertaking, after `owner'-- 15
insert-- 16
`or operator'. 17
(4) Schedule, definition responsible person, paragraph (a), after 18
`owner'-- 19
insert-- 20
`or operator'. 21
© State of Queensland 2005
3 Part 5 (Access to services), division 5 (Access disputes about declared services),
subdivision 2A (Mediation of access disputes)
Part 5A (Pricing and supply of water), division 4 (Water supply disputes),
subdivision 3 (Mediation of water supply disputes)
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